The HR round up for 2019.... and what's to come for 2020!
2018 brought us some fundamental employment law changes and 2019 has been no different.
In 2018 we saw changes to occupational pensions revaluation rate, national minimum wage rises, increases to SSP, SMP and all family related pay rates and a change to tax treatment of payments made in lieu of notice. But one of the most talked about changes was the implementation of the General Data Protection Regulation 2016 which came into force on the 25th May 2018.
The Government's National Living Wage was introduced on 1 April 2016 for all working people aged 25 and over, and is currently set at £7.20 per hour. In April 2017 it will go up to £7.50. The current National Minimum Wage for those under the age of 25 still applies.
- Most workers over school leaving age will be entitled to receive the NMW.
- The NMW /NLW rate is reviewed annually by the Low Pay Commission.
- HM Revenue & Customs (HRMC) can take employers to court for not paying the NMW/NLW.
October often brings exciting occasions and events including Halloween. However it also brings changes to the world of employment law.
As such employers should be aware of the following changes that are now in force:
1. Increase in the National Minimum Wage
Age Previous NMW NMW from 1.10.15
(per hour) (per hour)
As the Conservative Party conference in Manchester commenced this week, Chancellor George Osborne made his announcement proposing shared parental leave be extended to working grandparents.
Currently, the employee and the other parent are jointly entitled to a maximum of 50 weeks of SPL between them, subject to satisfying the eligibility conditions for entitlement to SPL. All of the 52 weeks of maternity leave, except the two-week period of compulsory maternity leave after birth, are available for sharing between both parents as SPL, less the weeks spent by the child's mother on maternity leave.
From the 1 July 2015 new holiday pay rules
came into effect. The Employment Appeal
Tribunal ruled that employers must factor in overtime, commissions and bonuses
when making holiday pay calculations instead of just basic pay.
employees receive irregular remuneration due to the inclusion of the above
factors you will need to calculate holiday pay based on total earnings of the
previous 12 weeks.
- Guaranteed overtime requires the employer
to offer overtime and the employee to work it.
Over the last few months I have received multiple
queries about Working Time Regulations and what is counted and not counted in
respect of the travel element.
When calculating “working
time” for the purposes of Working Time Regulations, any time spent by an
employee travelling from their home to the first client’s premises and from the
last client’s premises back to their home has never been deemed as part of
their working hours.
However, this may all
Federación de Servicios
Privados del Sindicato Comisiones Obreras vs.
The government has a new ‘Fit for Work’ Service which is being rolled
out prior to a full implementation planned for May 2015. This is linked to the
government stopping compensation paid to employers’ for statutory sick pay
(SSP) as of April 2015.
FFW Service will offer the following…
- Free referrals for an occupational health assessment for employees
who have reached, or whose GP expects them to reach, 4 weeks of sickness
- Free health and work advice through its website and a telephone
advice line to help with absence prevention.
Historically paid holiday has
been based on ‘basic pay’ only in the UK. However, after a recent Employment Appeal
Tribunal decision, this approach has been deemed not in line with European
Working Time Directive. As such, employers now must take into account overall
remuneration when calculating holiday pay for employees.
Under EU Law, full time employee’s statutory entitlement is four weeks
holiday pay for each year. This works well as a general rule however variations
around this can cause some confusion.
As most business know national minimum wage
increases every October. 2014 is no different though through a bidrecommended by the independent Low Pay Commission (LPC)
this year will see the biggest rise since 2008 for low paid employees. This
decision is expected to boost the amount workers take home by as much as £355
per year. This increase will affect employees aged 21 and over.
Vince Cable officially stated “This will benefit over one million workers on
national minimum wage and marks the start of a welcome new phase in minimum
At the end of each year we find
ourselves reflecting on our achievements, mistakes or missed opportunities of
the last 12 month and looking forward to what the year ahead may hold.
We will make resolutions that we don’t
keep such as living a healthier life style and going to the gym knowing deep
down it won’t happen. But most of us will at some point be faced with an
employment related issue such as seeking a new job with better prospects or
progressing within our existing Company or a more sinister issue such as a